T J POWER LTD V THE COMMISSIONER OF INLAND REVENUE CA CA173/05
The appeal was dismissed for want of prosecution because the appellant failed to comply with the filing deadline, failed to file submissions and failed to appear; the respondent was awarded costs to compensate for preparation and hearings necessitated by the appellant's defaults.
Source-derived case information.
- Citation
- openlaw-0f5b036d_6761_42a8_a50c_6427c09968aa.pdf
- Parties
- Appellant: T J Power Limited; Respondent: The Commissioner of Inland Revenue
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 21 August 2006
- Procedural Posture
- Civil Appeal / Hearing — Appeal Dismissed for Want of Prosecution; Costs Ordered
- Outcome
- Appeal dismissed for want of prosecution
- Legal Topics
- Dismissal for Want of Prosecution, Extension of Time, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
T J Power Limited
Appellant
The Commissioner of Inland Revenue
Respondent
Procedural Posture
Civil Appeal / Hearing — Appeal Dismissed for Want of Prosecution; Costs Ordered
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution
- 2 Whether costs should be awarded to the respondent
- 3 Which procedural rules give the Court jurisdiction to dismiss for want of prosecution
Ratio Decidendi
The appeal was dismissed for want of prosecution because the appellant failed to comply with the filing deadline, failed to file submissions and failed to appear; the respondent was awarded costs to compensate for preparation and hearings necessitated by the appellant's defaults.
Court Disposition
Appeal dismissed for want of prosecution
Orders
- Appeal dismissed for want of prosecution
- Appellant to pay respondent costs of $3,500 plus usual disbursements
Full Case Text
Judgment text and source record
1 paragraphs
T J POWER LTD V THE COMMISSIONER OF INLAND REVENUE CA CA173/05 21 August 2006IN THE COURT OF APPEAL OF NEW ZEALAND CA173/05BETWEEN T J POWER LIMITED Appellant AND THE COMMISSIONER OF INLAND REVENUE Respondent Hearing: 21 August 2006 Court: Chambers, Randerson and John Hansen JJ Counsel: No appearance for Appellant M Deligiannis and N H Malarao for Respondent Judgment: 21 August 2006 Reasons: 21 August 2006JUDGMENT OF THE COURT A The appeal is dismissed. B The appellant must pay to the respondent costs of $3,500, plus usual disbursements. We certify for one counsel. REASONS OF THE COURT(Given by Chambers J) [1] T J Power Limited, the appellant, was due to file its submissions by no later than 24 July 2006: Court of Appeal (Civil) Rules 2005, r 41 (3). It did not file them.I directed that there be a telephone conference with counsel. Mr Warburton, counsel for T J Power, sought an extension of time. He indicated the date by which he could complete the submissions. That date came and went. Mr Warburton then sought an adjournment of the appeal. I heard counsel, but declined the application for an adjournment. I told Mr Warburton that T J Power should get its submissions in as soon as possible. Whether any such submissions would be read would be a matter for the panel allocated for the appeal hearing. [2] T J Power did not file any submissions. This morning, when the appeal was called, there was no appearance on behalf of T J Power. [3] Ms Deligiannis, for the Commissioner of Inland Revenue, the respondent, sought to have the appeal dismissed for want of prosecution. We made such an order. Our jurisdiction to make such an order stems from rr 5(1) and (4) and 48(2) and (4), incorporating r 485 of the High Court Rules (with necessary modifications). [4] Ms Deligiannis also sought costs. The sum awarded reflects the fact that Ms Deligiannis prepared full submissions in answer to the grounds stated in T J Power's notice of appeal. She also took part in two case management conferences, both of which were necessitated by defaults on T J Power's part.Solicitors: Warburton, Auckland, for Appellant Crown Law Office, Wellington